Can Foreigners Seek Information From Authorities In India Under RTI Act? Explained
The Delhi High Court ruled that non-citizens are not absolutely barred from seeking information under the Right to Information Act, reversing a lower decision that denied a Tibetan refugee’s request based on citizenship status. The court interpreted Section 3 as recognizing a right for citizens rather than prohibiting its exercise by others. This judgment establishes that individuals without Indian citizenship can access information if the public authorities deem it appropriate to disclose it, emphasizing that an absolute exclusion contradicts the Act’s broader transparency objectives and constitutional principles regarding life and liberty. This legal clarification highlights the nuanced relationship between statutory rights and individual identity, suggesting that while citizenship facilitates access, it does not exclusively monopolize the right to information. The decision acknowledges that foreign nationals, refugees, and other non-citizens interact with public authorities in ways that necessitate transparency, particularly concerning their rights and welfare. By aligning the RTI Act with constitutional protections available to all persons, the ruling reinforces the idea that access to information is a fundamental component of justice, extending beyond the traditional definition of civic duty to include broader human rights considerations. This case is highly relevant to open data advocates because it challenges rigid bureaucratic interpretations that restrict data accessibility based on nationality. It promotes a more inclusive framework where transparency serves the public interest regardless of the requester’s legal status, encouraging institutions to adopt flexible and principled approaches to information release. By rejecting the notion that democracy solely requires an informed citizenry in a narrow legal sense, the ruling supports the expansion of open data initiatives to encompass all individuals affected by government actions, thereby enhancing accountability and inclusivity in public governance.
Source: livelaw.inPublished on 2023-03-16